Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for service connection for a left wrist disorder and an increased rating for lumbosacral strain with arthritis. The lumbosacral strain with arthritis is currently rated at 40 percent, effective September 23, 2002.

The Board has granted service connection for a cyst on the right torso, but denied service connection for a right foot disability and a low back disability.

The veteran's service-connected lumbar spine disability was initially rated at 10 percent and increased to 20 percent effective March 19, 2008. The claim for uterine fibroids resulted in a noncompensable rating. The cervical spine disability warranted a separate 10 percent evaluation for right L4-5 radiculopathy. No higher evaluations were granted for the other service-connected conditions.

The Board denied the veteran's claim of service connection for mechanical middle and low back strain, finding that his current condition is not related to service or an event of service origin.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current low back disorder is related to his military service. The RO will also provide notice regarding disability ratings and effective dates.

The Board found that the veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board found that the veteran's lumbosacral DDD and arthritis warranted a rating of 20% since December 2003, reflecting sustained improvement in his condition. The reduction from 60% to 20% was deemed proper.

The case is being remanded for additional development, including obtaining medical records and providing the veteran with VCAA notice letters. The AOJ will also seek opinions from medical specialists regarding the onset of the veteran's psychiatric disorder and hepatitis.

The Board has determined that new and material evidence was not presented to reopen the claims of service connection for bilateral hearing loss, left ankle disability, and low back disability. The veteran's claims remain denied.

The veteran's claims for increased ratings for right acromioclavicular joint bursitis and arthritis, traumatic arthritis and degenerative disc disease of the cervical spine, and headaches, residuals of whiplash injury were denied. The current evaluations are 40 percent, 20 percent, and 10 percent respectively.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for a low back disability, which was previously denied in March 1998. The current evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board has decided to remand the case for additional development, including a VA spine examination and verification of the veteran's periods of active duty.

The Board has denied the veteran's claims for service connection for a low back injury, bilateral hearing loss, and seasonal allergic rhinitis due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's lumbar spine disorder is caused or aggravated by his service-connected instability, right knee, status post partial meniscectomy.

The Board granted an initial evaluation of 40 percent for the service-connected lumbar spine disability effective October 14, 1993. The appellant's lumbar spine disability was found to meet the criteria for a 40 percent rating prior to that date.

The Board has granted a rating of 40 percent for the veteran's service-connected low back disability, effective from February 4, 2004.

The Board of Veterans' Appeals has determined that the veteran's low back disorder is not related to her service or a service-connected condition, and thus denied her claim for service connection.

The Board found no evidence of a chronic back disability during service and denied the veteran's claim for service connection.

The VA determined that the veteran's service-connected degenerative disc disease of the lumbar spine does not warrant a rating higher than 10 percent.

The Board has granted service connection for right knee arthritis, but denied service connection for left hip and low back disabilities as secondary to the veteran's service-connected left knee disability.